The Town shall have the power to levy and collect taxes in the
form of special assessments upon property in a limited and determinable
area for special benefits conferred upon such property by the installation
or construction of municipal improvements and to provide for the payment
of all or any part of the above projects out of the proceeds of such
special assessment. The cost of any project to be paid in whole or
in part by special assessment may include the direct cost thereof,
the cost of any land acquired for the project, the interest on bonds,
notes, or other evidences of indebtedness issued in anticipation of
the collection of special assessments, a reasonable charge for the
services of the administrative staff of the Town, and any other item
of cost which may reasonably be attributed to the project.
The procedure for special assessments, wherever authorized in
this Charter, shall be as follows:
a.
The cost of the project being charged for shall be assessed according
to the front food [foot] rule of apportionment or some other equitable
basis determined by the Town Commission.
b.
The amount assessed against any property for any project or improvement
shall not exceed the value of the benefits accruing to the property.
c.
When desirable, the affected property may be divided into different
classes to be charged different rates, but except for this, any rate
shall be uniform.
d.
All special assessment charges shall be levied by the Commission
by ordinance. Before levying any special assessment charges, the Commission
shall hold a public hearing. The Clerk shall cause notice to be given
stating the nature and extent of the proposed project, the kind of
materials to be used, the estimated cost of the project, the portion
of the cost to be assessed, the number of installments in which the
assessment may be paid, the method to be used in apportioning the
cost, and the limits of the proposed area of assessment. The notice
shall also state the time and place at which all persons interested,
or their agents or attorneys, may appear before the Commission and
be heard concerning the proposed project and special assessment. Such
notice shall be given by sending a copy thereof by mail to the owner
of record of each parcel of property proposed to be assessed and to
the person in whose name the property is assessed for taxation and
by publication of a copy of the notice at least once in a newspaper
of general circulation in the Town. The Clerk shall present at the
hearing a certificate of publication and mailing of copies of the
notice, which certificate shall be deemed proof of notice, but failure
of any owner to receive the mailed copy shall not invalidate the proceedings.
The date of hearing shall be set at least ten and not more than thirty
days after the Clerk shall have completed publication and service
of notice as provided in this section. Following the hearing the Commission
in its discretion, may vote to proceed with the project and may levy
the special assessment.
e.
Any interested person feeling aggrieved by the levying of any special
assessment under the provisions of this section shall have the right
to appeal to the Circuit Court of the County within twenty-one (21)
days after the levying of any assessment of the Commission.
f.
Special assessments may be made payable in annual or more frequent
installments over such period of time, not to exceed 40 years, and
in such manner as the Commission may determine. The Commission shall
determine on what date installments shall be due and payable. Interest
may be charged on installments at the rate to be determined by the
Commission.
g.
All special assessment installments shall be overdue six (6) months
after the date on which they became due and payable. All special assessments
shall be liens on the property and all overdue special assessments
shall be collected in the same manner as Town taxes or by suit at
law.
h.
All special assessments shall be billed and collected by the Town
Clerk.
